Drake and Drake and Anor
Case
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[2014] FCCA 2950
•17 December 2014
Details
AGLC
Case
Decision Date
Drake and Drake and Anor [2014] FCCA 2950
[2014] FCCA 2950
17 December 2014
CaseChat Overview and Summary
In the matter of *Drake and Drake and Anor*, heard before Judge Sexton, the dispute concerned parenting orders for six children. The applicant, the Maternal Grandmother, sought orders relating to the children's residence, parental responsibility, and welfare. The previous parenting orders were discharged.
The court was required to determine the primary residence of the children, who would hold parental responsibility, and the specific arrangements for the children's time with their mother and father. Further issues included the extent of the maternal grandmother's engagement with various support services, the children's education and healthcare needs, and specific restrictions on the parties.
The court ordered that the six children live with the Maternal Grandmother, who was granted sole parental responsibility. The children were to spend time with their mother and father, but for no more than four hours per day, by arrangement with the Maternal Grandmother. The Maternal Grandmother was directed to engage with specific services for counselling, parenting support, and the children's education and health needs, including attending the Aboriginal Medical Service Redfern. Restrictions were placed on the Maternal Grandmother regarding drug use, the children's residence location, and contact with specific individuals. The mother and father were also restrained from consuming alcohol or illicit drugs prior to and during their time with the children, and the mother was restrained from allowing the children to spend time with a Mr S. The Independent Children's Lawyer was to remain involved for 12 months.
The court was required to determine the primary residence of the children, who would hold parental responsibility, and the specific arrangements for the children's time with their mother and father. Further issues included the extent of the maternal grandmother's engagement with various support services, the children's education and healthcare needs, and specific restrictions on the parties.
The court ordered that the six children live with the Maternal Grandmother, who was granted sole parental responsibility. The children were to spend time with their mother and father, but for no more than four hours per day, by arrangement with the Maternal Grandmother. The Maternal Grandmother was directed to engage with specific services for counselling, parenting support, and the children's education and health needs, including attending the Aboriginal Medical Service Redfern. Restrictions were placed on the Maternal Grandmother regarding drug use, the children's residence location, and contact with specific individuals. The mother and father were also restrained from consuming alcohol or illicit drugs prior to and during their time with the children, and the mother was restrained from allowing the children to spend time with a Mr S. The Independent Children's Lawyer was to remain involved for 12 months.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Valentine & Lacerra and Anor
[2013] FamCAFC 53
Kitsannis and Netopoulis & Anor
[2010] FamCAFC 214